La. Admin. Code tit. 33 § IX-3121

Current through Register Vol. 50, No. 6, June 20, 2024

Section IX-3121 - Reopening of the Public Comment Period

1. The state administrative authority may order the public comment period reopened if the procedures of this Subsection could expedite the decision making process. When the public comment period is reopened under this Paragraph, all persons, including applicants, who believe any condition of a draft permit is inappropriate or that the state administrative authority's tentative decision to deny an application, terminate a permit, or prepare a draft permit is inappropriate, must submit all reasonably available factual grounds supporting their position, including all supporting material, by a date, not less than 60 days after public notice under LAC 33:IX.3121.A.2, set by the state administrative authority. Thereafter, any person may file a written response to the material filed by any other person, by a date, not less than 20 days after the date set for filing of the material, set by the state administrative authority.

2. Public notice of any comment period under this Subsection shall identify the issues to which the requirements of LAC 33:IX.3121.A shall apply.

3. On his own motion or on the request of any person, the state administrative authority may direct that the requirements of LAC 33:IX.3121.A.1 shall apply during the initial comment period where it reasonably appears that issuance of the permit will be contested and that applying the requirements of LAC 33:IX.3121.A.1 will substantially expedite the decisionmaking process. The notice of the draft permit shall state whenever this has been done.

4. A comment period of longer than 60 days will often be necessary in complicated proceedings to give commenters a reasonable opportunity to comply with the requirements of this Section. Commenters may request longer comment periods and they shall be granted under LAC 33:IX.3113 to the extent they appear necessary.

B. If any data information or arguments submitted during the public comment period, including information or arguments required under LAC 33:IX.3119, appear to raise substantial new questions concerning a permit, the state administrative authority may take one or more of the following actions:

1. prepare a new draft permit, appropriately modified, under LAC 33:IX.3107;

2. prepare a revised statement of basis under LAC 33:IX.3109, a fact sheet or revised fact sheet under LAC 33:IX.3111 and reopen the comment period under LAC 33:IX.3121; or

3. reopen or extend the comment period under LAC 33:IX.3113 to give interested persons an opportunity to comment on the information or arguments submitted.

C. Comments filed during the reopened comment period shall be limited to the substantial new questions that caused its reopening. The public notice under LAC 33:IX.3113 shall define the scope of the reopening.

D. Public notice of any of the above actions shall be issued under LAC 33:IX.3113.

La. Admin. Code tit. 33, § IX-3121

Promulgated by the Department of Environmental Quality, Office of Water Resources, LR 21:945 (September 1995), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 28:473 (March 2002), repromulgated LR 30:231 (February 2004).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and in particular Section 2074(B)(3) and (B)(4)